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SCHEDULE "C" TO OPTIONAL INDUSTRIAL GAS SALES OR GAS TRANSPORTATION CC~£RACT GENERAL TERMS AND CONDITIONS APPLICABLE TO SALK$ SERVICE= 1. TX'.JGD agrees to sell and deliver natural gas to Customer and Customer ag~es to purchase and receive such gas from TXUGD to ~eet Customer's natural ga~ requi~'ements at Customer's premises described on the signature page of this Contract. Customer agnres to pay for such volumes of gas at TXUGD's latest effrcth'e Schedule of Optional Indus~al Rates for gas sales service established for the city in which the Delivery Poim is located, subject to and in accordance with all the terms and conditions contained in this Contract. 2. This Con,'act covers Customer's entre natural gas requirements at the aforesaid premlse,~ and Customer will not use gu under this Contract for service other than that classified so that Customer is qualified for service under this Contract. 3. TXUGD.s Scbedul¢ of Optional Indus~al Rates for gas sales Service may be revised from time to time in thc future and the rates contained in any such revised or new Schedule of Optional Industrial Rates for gas sales service, when lawfully established, will be applicable to gas purchased and sold under this Conlract commencing 'with gas delivered after the effective date of such change. Company will give Customer written notice of any such change. together with a copy of the revised Schedule of Optional Industrial Rates for gas sales service. The notice herein provided for will be deemed to have been given when sent by Company to Customer at the addcess ShOWn on the signature page of this Contract by first class mail, postage prepaid, or included with a monthly statement. 4, Customer agrees to keep its ga.s-using or burning equipment and appurtenances located on th~ aforesaid premises in good condition and in conformity with the requirements of any applicable city ordinance, state or federal law or rule and any applicable order of regulation of any governmental authority having jurisdiction. Customer agrees to comply with all of Company's reasonable rules and regulations. 5. Tide to and ownership of the gas sold and delivered by TXUGD to Customer at the Delivery Point will vest in Customer at that point. 6. TXUOD will have the right at any and all times to immediately discontinue, in whole or in part, the supply of gas hereunder, with or without notice, if in the opinion of TXUGD a continuation of the supply under this ConLract would adversely affect, jeopardize or threaten adequate service te TXUGD's domestic or commercial customers or hazazd, adversely affect, jeopardize or threaten adequate service to other customers having priority of service under TXUGD's latest effective Schedule of Optional Industrial Rates, and Customer hereby authorizes TXUGD to do so. Further, Customer agrees that TX'UOD will never be liable in damages or otherwise on account of having exercised such rights. 7. When notified by TXUGD to do so, Customer agrees to curtail or discontinue the use of gas hereunder in con- fornfity with the service priority provided for in this Contract and in the latest effective Schedule of Optioual Industrial Rates. Lf Customer classifies its business and operations as being essential to the public health and safety and considers continuity of its fuel service essential to the public welfare, then Customer will provide stand-by fuel and equipment adequate to meet its fuel requirements during periods of interruption of gas service under this Contract. TXUGD cannot and does not guarantee a constant supply of gas hereunder. 8. In the event during any day Customer purchases or takes volumes in excess of the Maximum Daily Quantity, in addition to al}. other fees and charges provided for in this Contract, Customer will pay TXUGD $1.00 for each decatherm received by Customer in excess of the Maximum Daily Quantity. END OF SCHEDULE "C" Rev 05/25/01 Attach. to Rate Sch. 4221 15